The Italian government’s NO to the ‘European filiation certificate’ proposal

On 14 March 2023, the European Commission of the Senate rejected the European proposal that aims to guarantee parents residing in the Union the right to be recognised as homoparental mothers and fathers of their children in all member states. 

More specifically, the proposal consists of the introduction of a ‘European filiation certificate’, a single document that would make it possible to prove the filiation of children and guarantee parents residing in the European Union the right to be recognised as mothers and fathers of their children in all member states.

According to Article 81 of the Treaty on the Functioning of the European Union, measures concerning family law and having transnational implications are decided by the Council of the European Union by unanimous vote. The Italian government, therefore, following the direction given by the Senate committee, has the possibility of blocking the legislative path of the proposed regulation.

It is abundantly clear that this initiative would not only simplify the lives of all families (not only homogenous) who have resorted to gestation for others, but – even more trivially – the extremely necessary protection of the best interests of minors and their rights.

However, the centre-right party reiterated its opposition to expanding the range of protection granted to same-sex families, thus abandoning, in an anachronistic manner, any hope of approval of the proposal.

Maria Cecilia Castellazzi, Trainee Lawyer